Marikana commission of inquiry affidavit of deputy president Cyril Ramaphosa

I, the undersigned

Matamela Cyril Ramaphosa


Do hereby state as follows:

1. I am the founder and Chairman of Shanduka Group (Pty) Ltd (“Shanduka”), a black owned and managed
diversified investment holding company with interests in inter alia the resources, financial services, property,
infrastructure, energy, and food and beverage sectors.

2. I am also the Deputy President of the African National Congress (ANC), having been so elected at the 53
rd

National Conference in Mangaung, in December 2012.

3. In 2010, Shanduka (through its wholly-owned subsidiary Shanduka Resources (Pty) Ltd) acquired 50.03%
in Incwala Resources (Pty) Ltd (“Incwala Resources”), a black economic empowerment vehicle that owns,
inter alia, 18% in two South African registered Lonmin Pic (“Lonmin”) subsidiaries, being Western Platinum
Limited and Eastern Platinum Limited. Collectively these subsidiaries are referred to as Lonplats.

4. Other shareholders in Incwala Resources are the Industrial Development Corporation Ltd (IDC) with
23.56% Lonmin with 23.56% and the Bapo Ba Mogale community with 2.85%.

5. Shanduka therefore owns an effective ~9% in Lonplats.

6. Shanduka has representation on the Lonmin Executive Committee.

7. I was appointed as a none—executive director on the board of Lonmin in July 2010, which position I held
until 31 January 2013.

8. This Commission is tasked with the responsibility of investigating the circumstances in which 44 people
tragically lost their lives at Lonmin‟s Marikana Mine near the town of Rustenburg during August 2012.

9. Certain emails exchanged between Lonmin management and me were submitted by Lonmin as part of a
bundle of documents (at pages 289a-f), relevant to phase 1 of the Commission (“the emails”). The emails are
attached to my statement for ease of reference.

10. I am advised that reference has been made to the emails during the opening address by one of the legal
representatives acting on behalf of the Lonmin Community Committee and some 272 persons who were
detained by the South African Police Service during the unrest.

11. Particular focus in questioning of certain witnesses before the Commission has been directed to my email of
15 August 2012, sent to Lonmin management, in which I, inter alia, state the following: -

“The terrible events that have unfolded cannot be described as a labour dispute. They are plainly dastardly
criminal and must be characterized as such. In line with this characterization there needs to be concomitant
action to address this situation.”

12. The statements made by the legal representatives in question (and in media publications) have incorrectly
inferred that my engagement with government ministers had a direct bearing on the tragic outcome of the events
on 16 August 2012. Such an inference has no basis.

13. I contextualize the emails (and in particular my email of 15 August 2012), by reference to the factual
situation set out hereunder:

13.1In my capacity as a Lonmin non-executive director, I was briefed by senior management of
Lonmin regarding the escalating violence taking place at Marikana.

13.2Arising from the violence, which included the brutal murder of six employees, two Lonmin
security personnel and two police officers over the course of several days, Lonmin management
took the view that this was not simply an industrial dispute, and that Lonmin needed the SAPS to
restore and maintain law and order and prevent further loss of life. Lonmin was anxious that
government urgently be informed of the seriousness of the situation.

13.3Accordingly, I undertook to speak with government. My motivation in so doing was to
prevent the further loss of life and injury. The reference to “concomitant action” in my email
communication of 15 August 2012 was to indicate that appropriate steps should be taken to bring
the violence and death to an end. I was calling for peace and for the necessary steps to be taken to
save lives.

13.4I discussed the matter with the Minister of Police. I stressed that the SAPS needed to take
appropriate steps to ensure that they protect life and property and to arrest the perpetrators of the
terrible acts of violence and murder. The Minister indicated to me that this was the SAPS
„objective.

13.5I also discussed the matter with the Minister of Mineral Resources. The import of my
discussion with her was to bring to her attention the increasing acts of violence taking place at
Marikana, which in Lonmin‟s view were criminal and which were not going to be resolved
without political intervention. Minister Shabangu agreed with Lonmin‟s characterization of the
situation and indicated to me that she would bring the matter to the attention of the Cabinet and the
President. She also indicated to me that she would discuss the matter further with the Minster of
Police.

13.6In my 15 August 2012 email, I did characterize the unrest as criminal and I stand by the
characterization. If one has regard to the incidences of escalating violence and the brutal murders
that had already been perpetrated at the time of my email, such conduct was clearly criminal an
certainly beyond the realms of what could be called a labour dispute.
14 The events of 16 August 2012 were truly tragic, but I submit that the tragedy is not linked in anyway
to my engagement with government ministers, which was initiated by me in an endeavour to prevent further
loss of life.
15 I trust that this puts my emails and my role as a Lonmin non-executive director in the period leading
up to the tragic events of 16 August 2012 in their proper perspective.

Date on this ___May 2013 at ________


----------------------------
-----------------------
Matamela Cyril Ramaphosa